Abstract
This chapter briefly analyzes the transition from the protection of human rights in national legal systems to the international protection of human rights and the consequent erosion of the domestic jurisdiction of States. It also examines the relationship between the human rights pertaining to every human being and the rights of foreigners, examining developments in the field of diplomatic protection. Particular attention is paid to the growing importance of the individual at the international level, notably to the position of the individual as holder of rights under international law.
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Notes
- 1.
See Chap. 2, Sect. 2.1.
- 2.
- 3.
See PCIJ 1923, p. 24.
- 4.
On the right of access to national courts, which is part of the guarantees inherent in the right to a fair trial, see Chap. 8, Sect. 8.2.1.
- 5.
Greece v. Great Britain, in PCIJ 1924, p. 12.
- 6.
On this issue, see Chap. 13, Sect. 13.3.
- 7.
On this issue, see Chap. 14, Sect. 14.3.
- 8.
Germany v. United States of America.
- 9.
Mexico v. United States of America.
- 10.
In ICJ 2001, p. 494, para 77.
- 11.
India v. Pakistan, in ICJ 2019, p. 450, paras 116–117.
- 12.
See para 106 of the judgment.
- 13.
The relevant constitutional provisions on the subject and relating to the protection of human rights are Articles 10–12 and 35. Particular weight, in the context of the Court’s arguments on diplomatic protection, was also attributed to the provisions of Article 3(2)(a) and (b) of the Constitution, further to which every citizen is “equally entitled to the rights, privileges and benefits of citizenship” and “equally subject to the duties and responsibilities of citizenship”.
- 14.
See para 69 of the judgment.
- 15.
On the issue of the jurisdictional immunity of Japan in proceedings relating to this matter before the Korean courts, see Chap. 7, Sect. 7.6.1.
- 16.
See Il Tuo Viaggio s.r.l. v. Presidency of the Council of Ministers and Others.
References
ICJ (2001) ICJ Reports
ICJ (2019) ICJ Reports
PCIJ (1923) Advisory opinion of 7 February 1923 on Nationality Decrees Issued in Tunis and Morocco. PCIJ Publications, Series B, No. 4
PCIJ (1924) Judgment of 30 August 1924 in the Mavrommatis Palestine Concessions case. PCIJ Publications, Series A, No. 2
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Pustorino, P. (2023). Historic Evolution of Human Rights Law: From National to International Protection. In: Introduction to International Human Rights Law. T.M.C. Asser Press, The Hague. https://doi.org/10.1007/978-94-6265-563-8_1
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DOI: https://doi.org/10.1007/978-94-6265-563-8_1
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